Aldrich v. Aldrich
Massachusetts Supreme Judicial Court
Bill in equity, filed May 6,1898, in the Superior Court, by a son of P. Emory Aldrich, to establish a trust under the will of his father. The bill alleged that the testator died on March 14, 1895, leaving a will by which he gave “all the rest and residue of my estate, after the payment of debts,” to his wife.
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Bill in equity, filed May 6,1898, in the Superior Court, by a son of P. Emory Aldrich, to establish a trust under the will of his father. The bill alleged that the testator died on March 14, 1895, leaving a will by which he gave “all the rest and residue of my estate, after the payment of debts,” to his wife. After appointing her executrix, and requesting that she be exempt from giving sureties on her bond and be not required to file any schedule of property in the Probate Court, he proceeded, “I give all my estate to n>y said wife to the end that she may be able to maintain a home for…
1Opinion of the CourtMorton, J.
If the testator had intended to create a trust in favor of his children at his wife’s death, there can be no doubt that he knew how to do it in clear and unmistakable terms, and it is almost inconceivable that, if such was his purpose, he *103should have expressed himself in the manner in which he has done.
There is no doubt that words of recommendation, or of confidence, entreaty, hope, or desire, have been held sufficient under some circumstances to create a trust. But, speaking generally, this was because in such cases such a construction was supposed to carry out the intention of the testator.…
2Cases cited11 opinions
- Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
- Clay v. . WoodNew York Court of Appeals · 1897
- Warner v. BatesMassachusetts Supreme Judicial Court · 1867
- Barrett v. MarshMassachusetts Supreme Judicial Court · 1879
- Spooner v. LovejoyMassachusetts Supreme Judicial Court · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Minot v. Attorney GeneralMassachusetts Supreme Judicial Court · 1905
- Poor v. BradburyMassachusetts Supreme Judicial Court · 1907
- Blunt v. TaylorMassachusetts Supreme Judicial Court · 1918
- Gray v. McCauslandMassachusetts Supreme Judicial Court · 1943
15 more not listed; retrieve them via the Exa API.